JOSEPH LERMAN AND ROSE LERMAN, AS JOINT TENANTS, PLAINTIFFS-APPELLANTS,
v.
JERRY M. TENNEY ET AL., DEFENDANTS-APPELLEES
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The dissenting opinion argues that the trial court's findings of fact did not correspond with the evidence, particularly regarding a tender of payment that was retained by the plaintiff and not accounted for in the claimed rent deficit.
The dissenting judge believes the final judgment should be reversed and the cause remanded for further factual findings regarding the reconciliation of the tendered amount with the alleged default and the effect of the plaintiff's retention of the tender.
The defendant, Joyce, made a tender of $7,336.96 in July 1970, which the plaintiff received but did not return. The plaintiff later claimed rent was d…
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PER CURIAM:
The motions to dismiss the appeals from the United States District Court for the Southern District of New York for lack of jurisdiction are denied. The cross-motion to allow the plaintiffs an additional thirty days in which to file their briefs is granted.
FRIENDLY, Chief Judge (concurring) :
The decision of the Third Circuit in Hackett v. General Host Corporation, 455 F. 2d 618 (3 Cir. 1972), refusing to follow our death knell doctrine, enhances the doubts which I expressed in Korn v. Franchard Corp., 443 F. 2d 1301, 1307 (2 Cir. 1971). However, since a petition for certiorari has been filed with respect to Hackett, there is hope that this issue will be settled by the highest authority. I therefore concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hackett v. Gen. Host Corp., 455 F.2d 618 (3d Cir. 1972)
- Korn v. Franchard Corp., 443 F.2d 1301 (2d Cir. 1971)